Friday, October 31, 2003

Flash Poll #1: Judicial Legislation


The "official" vote is over! An overwhelming 95% of WMD readers believe that our judges should not be legislating from the bench. The official tally closed at 20 to 1.

The flash poll takes the first 21 responses as the official results. WMD will keep the poll running for awhile though...

Matt's Chat

This is no surprise to me. I think that our judges have been taking liberties with their duties for quite some time now. They have been trying to make themselves more important than they were ever intended to be. Judges aren't supposed to impact the law, they are supposed to interpret the law and oversee the administration of justice according to the law. Judges these days are seeing things in the Consitution that aren't there. One could make an argument that some judges are attempting to enact in their courts what liberals have been unable to slip through Congress. That isn't to say that there aren't "bad" conservative judges too.

For me, it comes down to the very simple concept that judges shouldn't be making law. It seems apparent to me that judges think they are the most important cog in the government machine. They think they can do whatever they want with no consequences. And for the most part, they are getting away with perverting the law to their advantage. That needs to cease...

Mark's Remarks


Nowhere does it say that judges should make law.....nowhere does it say that judges should be above the very law which gives them their power, but that is what more and more judges are trying to do....Of course, there have been extraordinary times, like Brown v. Board, etc., when the 13th-15th amendments were extended, but more and more, judges are trying to make the law, not interpret them, not enforce them...They have become a detriment, and it shows their own lack of fulfillment of their duties with all the judicial backlog, and the growing distrust of our legal system. Instead of trying to legislate and such from the bench, they should be trying more cases......